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HomeMy WebLinkAbout04-5528 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALLISON M. RAMSEY 345 EQUUS DRIVE CAMP HILL, PA 17011, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. JL{- 55J'l (!.)'vil v. Civil Action - (X) Law ( ) Equity JONF. LAFAVER 120 CAROL STREET NEW CUMBERLAND, P A 17070 And JOHN W. DELANEY 15 WEST SHORE DRIVE CAMP HILL, PA 17011 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. ( ) Attorney ( X ) Sheriff X- Writ of Summons shall be issued and forwarded to: Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Name/Address/Telephone No. of Attorney .. Signature of Attorney Supreme Court ID. No. 32317 Dated: November 2,2004 WRIT OF SUMMONS TO THE ABOVE NArv1ED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NArv1ED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOu. (J D Jl ('1 )J>>)~ 1) .~~ f/I~ J, JOO Y Prothonotary d Date: (l;ctiYr . , 2003 By: ~ 4lJN{)-;Jf D~tly [ ] Check here if reverse is issued for additional information. r-..;) ~ = = ..r::"" ....( C>a. z :J:-n 0 nl;:= ~ ~ ~ -< -om B , t36 ~ N 'ti:::.. '::;j-ri ::x: " Jlj -0 0-- :Ji: -"ff: Ci fi "'- C:--. ~ '-::.) .':::\ ~ ~ :> ~:g 4.J -.. "0 \.0 C> ~ ~ ~ t- ~ ~ '<. ~. .. Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 Stephanie L. Hersperger, Esquire Attorney I.D. No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg(Q>.tthlaw.com Attorneys for Defendant: Jon F. LaFaver ALLISON M. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5528 CIVIL ACTION - LAW JON F. LaFAVER and JOHN DELANEY Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Stephanie L. Hersperger, Esquire and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Jon F. LaFaver, in the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: December 13, 2004 By: ~la-n<i -;2-. ~,~ ST~PHE E. GEDULDIG, ES IR Attorney 1.0. No. 43530 STEPHANIE L. HERSPERGER, ESQUIRE Attorney 1.0. No. '78735 Attorneys for Defemdant, JON F. LAFAVER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Entry of Appearance was served by depositing the same in -3he United ~~~s Mail, postage prepaid, at Harrisburg, Pennsylvania, on the J day of \A)r(?ffit Q e ,2004, on all counsel of record as follows: Barbara Sumple-Su/livan, Esq 549 Bridge St. New Cumberland, PA 1707,0 Attorneys for Plaintiff John Delaney 15 W Shore Drive Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP Qt,J1ltl~)t, L1\I~m ' Ashleig . AnglE3meyer 2 .\...... --), 1,'-1 \- ; \ J '. "" ( ~ " , ,I {i." . , , \', ..,J Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 Stephanie L. Hersperger, Esquire Attorney I.D. No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: sea@tthlaw.com Attorneys for Defendant: Jon F. LaFaver ALLISON M. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5528 CIVIL ACTION ,- LAW JON F. LaFAVER and JOHN DELANEY Defendants TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully Submitted, THOMAS, THOMAS & HAFER, LLP ~~~29aL ~ _ Stephen E. Geduldig, Esquire ~ ~ Stephanie L. Hersperger, Esquire Thomas, Thomas and Hafer, LLP 305 N. Front Street POBox 9!99 Harrisburg, PA 17108 Attorney for Defendant Jon F. LaFaver Date: December 13, 2004 Stephen E. GeduJdig, Esquire Attorney 1.0. No. 43530 Stephanie L. Hersperger, Esquire Attorney 1.0. No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendant: Jon F. LaFaver ALLISON M. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5528 CIVIL ACTION- LAW JON F. LaFAVER and JOHN DELANEY Defendants RULE TO FILE A COMPLAINT TO: Allison M. Ramsey, c/o Barbara Sumple-Sullivan, Esq 549 Bridge St. New Cumberland, PA 17070 AND NOW, this / S"-J-~ day Of~C{; yY) bEJ2 .. ---.. , 2004, a Rule is hereby issued upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof, or suffer the entry of a Judgment of Non Pros pursuant to Pa.R.C.P. 1037(a). ~ PROTHONOTARY 2 (~.) ... l""-...."') ".') (' -, ...~";'- ('~', -,-, .-~ '.i~. \. \ ' . I ~.. -, , (-") () i 'I" 1 1-;-1 \--..,:, \ , -, SHERIFF'S RETURN - REGULAR CASE NO: 2004-05528 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RAMSEY ALLISON M VS LAFAVER JON F GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS LAFAVER JOHN F was served upon the DEFENDANT , at 1127:00 HOURS, on the 8th day of November, 2004 at 120 CAROL STREET NEW CUMBERLAND, PA 17070 JON F LAFAVER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.32 .00 10.00 .00 41.32 Sworn and Subscribed to before me this 6~' day of ~ ~5 A.D. C )u",. () f}I~ ^ Q Ll~ ~'~~rothonotary i ',-7 So Answers: ~96~~ R. Thomas Kline 11/08/2004 BARBARA SUMPLE SULLIVAN BY~~ I~~ Deputy Sh 'ff . . SHERIFF'S RETURN - REGULAR CASE NO: 2004-05528 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RAMSEY ALLISON M VS LAFAVER JON F GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DELANEY JOHN W the DEFENDANT , at 1152:00 HOURS, on the 8th day of November, 2004 at 15 WEST SHORE DRIVE CAMP HILL, PA 17011 by handing to SUSAN DELANEY, MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 11.10 .00 10.00 .00 27.10 So Answers: ~ .~' /':,//X .?~~J'f;:;/:.f;~ ,,~~.p R. Thomas Kline 11/08/2004 BARBARA SUMPLE SULLIVAN Sworn and Subscribed to before me this ,j'1l:::- day of /\ ~ c2ifllS _ A.D. CkL2?"',;;,. ~ ~ P othonotary' .- By' -4~~ W# - Deputy Sh ff . ALLISON M. RAMSEY, PLAINTIFF V. JOHN F. LAFAVER and JOHN W. DELANEY, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5528 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, John W. Delaney, with regard to the above-captioned matter. Date: ,\) J7 )05 I I Respectfully submitted, NEALON, GOVER & PERRY BY:~~ C e G. Shore, Esquire /.0.#:85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 .. CERTIFICATE OF SERVICE AND NOW, this J71)i day of March, 2005, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Stephen E. Geduldig, Esquire Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17108 C~ESqUire f:-:". "-"'" 5;;~~~ ::J. Co c: ~-> ::_l ,'.-:::> 0' () -n ~ ::;~~ ;A) "" " (,.) V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5528 ALLISON M. RAMSEY, PLAINTIFF JOHN F. LAFAVER and JOHN W. DELANEY, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully subrnitted, NEALON, GOVER & PERRY By: l~ C~. Shore, Esquire Attorney I.D. No. 85321 2411 North Front St. Harrisburg,PA 17110 (717) 232-9900 Date: ,1 JIlIf)b I I RULE TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: ((/-;:I//"'!- ;:)/I.;LooJ ------- " ~:~ \-::> C~_7 ~L;" ~> ':':;c; <,~" '..-- s.~, ..\ .~--::" {\'\ l{~"'( -\\(~., "':':~::~5~, \'~~~'f\ ( ~ \ ...<J, t.;:'l - .1:-- - CIlRTIFICATE PRIlRllQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/15/2005 ( MCS behalf of j 1. If ~r~ c CAS SHOR SQ. Attorney f DEFENDANT ~- DEll-579026 33023-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCllMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CENTRAL PA REHABILITATION SVCS ORTHO. SURGEONS OF CBNTRAL PA. ORTHOPEDIC INSTITUTE OF PA. JOYNER SPORTS MEDICINE, P.C. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY TO: BARBARA SUMPLE-SULLIVAN, PLAINTIFF COUNSBL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/26/2005 MCS on behalf of CASBY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. BETH EXLER - 05-133 Any questions regarding this matter. contact THB MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-307628 33023-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLISON RAMSEY FileNo. 04-5528 vs. JOHN LAFA VER & JOHN DELANEY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL PA REHABTl.ITATION SVCS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ...... SEE A 11 ACHED RIDER **... at The MCS GroUD Ine ]601 Market Street Suite ROO Philadelphia PA ]9]03 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TIllS SUBPOENA WAS ISSUED AT TIlE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: _. AU615Z005 "'- )" 1" ,;1.1 J ()o>S I I Seal of the Court Deputy 33023-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA REHABILITATION SVCS 3552 OLD GETTYSBURG ROAD SUlTE 100 CAMP HILL, PA 17011 RE: 33023 ALLISON RAMSEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic f1le, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: ALLISON RAMSEY 345 EQUUS DRIVE, CAMP Bll..L, PA 17011 Social Security #: 169-68-1534 Date of Birth: 07-17-1984 8U10-575554 33023 -LO 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -vs- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that . (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/15/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DEll-579027 330:2 3 -LO:2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS. ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE :DOCUMBN'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CENTRAL PA REHABILITATION SVCS ORTHO. SURGEONS OF CENTRAL PA. ORTHOPEDIC INSTITUTB OF PA. JOYNER SPORTS MEDICINE, P.C. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY TO: BARBARA SUMPLE-SULLIVAN, PLAINTIFF COUNSEL KCS on behalf of CASEY SHORE, ESQ. intends 1;0 serve a subpoena identical to the one that is attached to this notice. Yo~ have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to tbe subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena maybe served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 07/26/2005 KCS on behalf of CASEY SHORE, ESQ. Attorney for DEFBNDANT CC: CASBY SHORE, ESQ. BETH EXLER - 05-133 Any questions regarding this matter, contact THB KCS GROUP INC. 1601 MARKBT STREBT '800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-307628 33023 - C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLISON RAMSEY FileNo. 04-5528 vs. JOHN LAP AVER & JOHN DELANEY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHO SURGEONS OF CENTRAL PA. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHRD RIDRR **** at TheMeS Group Ine ]601 Market Street Suite &00 Philadelphia PA 19]03 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBlJRG. PA 1711 0 TELEPHONE: (2]5) 246-0900 SUPREME COURT ill #: ATIORNEY FOR: Defendant Date: --.JuJ'( AUG 1 52005 Prothonotary/Clerk, Civil Di s n ~_e.7fa~ Deputy "-- ol/ ...20&.\ I Seal of the Court 33023-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHO.SURGEONSOFCENTRALPA. 99 NOVEMBER DRIVE CAMP HILL, PA 1701I RE:33023 ALLISON RAMSEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic fIle, including but not limited to any and all records, correspondence to ana from the consulting and/or treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray fIlms and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: ALLISON RAMSEY 345 EQUUS DRIVE, CAMP HILL, PA 17011 Social Security #: 169-68-1534 Date of Birth: 07-17-1984 5U10-57555633023-L02 CBRTIFICATB PRBRBQUISITB TO SBRVICB OF A SUBPOBNA PURSUANT TO RULB 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) No objection to the subpoena has been received. and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/15/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DEll-579028 330:2 3 - L 03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ALLISON RAMSEY -VS- JOHN LAFAVER I< JOHN DELANEY COURT OF COMMON PLEAS TERM, CASE NO: 04-5528 NOTICE OF INTENT TO SBRVB A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSIJANT TO RULE 4009.21 CENTRAL PA REHABILITATION SVCS ORTHO. SURGEONS OF CENTRAL PA. ORTHOPEDIC INSTITUTE OF PA. JOYNER SPORTS MEDICINE, P.C. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS I< XRAYS MEDICAL RECORDS I< XRAYS MEDICAL RECORDS I< XRAYS MEDICAL RECORDS I< XRAYS MEDICAL RECORDS X-RAY ONLY TO: BARBARA SUMPLE-SULLIVAN, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE. ESQ. intends to serve a subpoena identical to the one that is attached to this notice. Yo~ have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/26/2005 CC: CASEY SHORE, ESQ. BETH EXLER MCS on behalf of CASEY SHORE. ESQ. Attorney for DEFENDANT - 05-133 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-307628 33023 -CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLISON RAMSEY FileNo. 04-5528 vs. JOHN LAFA VER & JOHN DELANEY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GTOlij) Inc. 160] Market Street. Snite 800 Philadelphia. PA 19]03 You may deliver or mail tegible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: .Ju.J y AU, 1 ',200\ Prothonotary/Clerk, Civil Div' . n '- ~('1n ~P-7fr~ Deputy ;;;],/ ~6&S , Seal of the Court 33023-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA. 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 33023 ALLISON RAMSEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic fIle, including but not limited to any and atl records, correspondence to and from the consulting and/or treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: ALUSON RAMSEY 345 EQUUS DRIVE, CAMP HILL, PA 17011 Social Security #: 169-68-1534 Date of Birth: 07-17-1984 SUIO-575558 330:2 3 -LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/15/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DEll-579029 33 023 - L 04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER " JOHN DELANEY NOTICE OF IN"l'BN'l' 'l'O SBRVB A SUBPOENA 'l'O PRODUCE DOCOMBNTS AND THINGS FOR DISCOVERY PORSUANT 'l'O RULE 4009.21 CBNTRAL PA REHABILITATION SVCS ORTHO. SURGEONS OF CENTRAL PA. ORTHOPEDIC INSTITUTE OF PA. JOYNER SPORTS MEDICINE, P.C. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS " XRAYS MEDICAL RECORDS " XRAYS MEDICAL RECORDS " XRAYS MEDICAL RBCORDS " XRAYS MEDICAL RBCORDS X-RAY ONLY TO: BARBARA SUMPLE-SULLIVAN. PLAINTIFF COUNSEL MCS on behalf of CASBY SHORB. ESQ. intends ~o serve a subpoena identical to the one that is attached to this notice. Yo~ have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/26/2005 MCS on behalf of CASEY SHORB. ESQ. Attorney for DBFBNDANT CC: CASBY SHORE. ESQ. BETH BXLER - 05-133 Any questions regarding this matter. contact THB MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-30762833023-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLISON RAMSEY FileNo. 04-5528 vs. JOHN LAFA VER & JOHN DELANEY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOYNER SPORTS MEDICINE. P C (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A IT ACHED RIDER .... at The MCS GroQp lnc 1601 Market Street Suite 800 Phjladelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certifi~ate of compliance, to the party maIdng this request at the addtess listed above. You have the right' to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT TIlE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST HARRISBURG. FA ]7110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: <.. JJ,! AUG 'I 5 ZDDi Deputy ;;1I ..1 ~S , Seal of the Court 33023.04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE, P.C. 6301 GRAYSON ROAD SUITE 138 HARRISBURG, PA 17111 RE: 33023 ALLISON RAMSEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: ALLISON RAMSEY 345 EQUUS DRIVE, CAMP HILL, PA 17011 Social Security #: 169-68-1534 Date of Birth: 07-17-1984 SUIO-575560 33023 - LO 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/15/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DEl1-579030 33023-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOClJMBNTS AND THINGS FOR DISCOVERY PORSllANT TO RULE 4009.21 CENTRAL PA REHABILITATION SVCS ORTHO. SURGEONS OF CBNTRAL PA. ORTHOPEDIC INSTITUTE OF PA. JOYNER SPORTS MEDICINE, P.C. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & XRAYS MEDICAL RECORDS" XRAYS MEDICAL RECORDS " XRAYS MEDICAL RECORDS " XRAYS MEDICAL RECORDS X-RAY ONLY TO: BARBARA SUMPLE-SULLIVAN, PLAINTIFF COUNSBL MCS on behalf of CASBY SHORE, BSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the suhpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena maybe served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/26/2005 MCS on behalf of CASEY SHORB, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. BETH EXLER - 05-133 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET .800 PHILADELPHIA, PA 19103 InS) 246-0900 DE02-301628 3 3 0 2 3 - C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLISON RAMSEY FileNo. 04-5528 vs. JOHN LAFA VER & JOHN DELANEY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A IT ACHED RIDER **** at The MCS Group Iue 160 I Market Stw.et Suite ROO Philadelphia P A 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. ' TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: CASEY SHORE. ESO. 24Il N. FRONT ST HARRISBURG.PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A ITORNEY FOR: Defendant Date: --JuJy AU) "i j LOUJ Prothonotary/Clerk, Civil Divis' ~t1-..D - P.7Jt~ Deputy '-- :2 J, :J.Ol>S' Seal of the Court 33023.05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 33023 ALLISON RAMSEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical fIle, including but not limited to any and all records, correspOndence to and from the consulting and/or treating physician, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: ALLISON RAMSEY 345 EQUUS DRIVE, CAMP HILL, PA 17611 Social Security #: 169-68-1534 Date of Birth: 07-17-1984 SUIO-57556233023-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF.COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/15/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DEll-579031 33023-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ALLISON RAMSEY TERM, -VS- CASE NO: 04-5528 JOHN LAFAVER & JOHN DELANEY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CENTRAL PA REHABILITATION SVCS ORTHO. SURGEONS OF CENTRAL PA. ORTHOPEDIC INSTITUTE OF PA. JOYNER SPORTS MEDICINE, P.C. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY TO: BARBARA SUMPLE-SULLIVAN, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORB, ESQ. intends ~o serve a subpoena identical to the one that is attached to tbis notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an Objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may 'be served. complete copies of any reproduced records may be ordered at your expense hy completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/26/2005 MCS on behalf of CASEY SHORB, ESQ. Attorney for DEPENDANT CC: CASEY SHORE, ESQ. BETH EXLER - 05-133 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA HI03 (215) 246-0900 DE02-307628 330.23-C0.2 COMMONWEALTII OF PENNSYL VANIA COUNTY OF CUMBERLAND ALLISON RAMSEY FileNo. 04-5528 vs. JOHN LAFA VER & JOHN DELANEY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Gmun Ine 1601 Market Street. Suite 800 Philadelphia FA 19103 You may deliver or mail legible copies of the documents or"produce things requested by this subpoena, together with the certificate of compliance, to the party milking this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF TIlE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 241] N FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (:215) 246.0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY TIlE COURT: Prothonotary/Clerk, Civil Division Date: lUG 1 5 1005 Deputy Seal of the Court 33023-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA l70ll RE: 33023 ALLISON RAMSEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray fIlms and reports, including any and all such items as may be stored in a computer database or otherwise in electronic fonn, pertaining to: Dates Requested: up to and including the present. Subject: ALLISON RAMSEY 345 EQUUS DRIVE, CAMP HILL, PA 17011 Social Security #: 169-68-1534 Date of Birth: 07-17-1984 SUlO-57556433023-L06 (") ,..., ~ "" ~ C-" cJ' ~-r1 :"0 t:. G") rne -08 - :0 u:> 0'- ..:.-t{-' ..", :c:\j d;:;."'" ,'"')--.' ::J: ";,'.,..(') '-l ":_~l-n :p' r~ 0) g' ...;~ '3" ~ C" ~ ..0 I.' .. , Barbara Sumple-Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland. P ^ 17070 (717) 774-1445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION. LA W JON F. LaF AVER and JOHN W. DELANEY, NO. 2004-5528 Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, hy entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Y (lU are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or rei ief requested by the plaintiff. You may lose money or property or other rights important to yeu. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ... Barbara Sumple.SuIJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALLISON M. RAMSEY. Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JON F. LaFA VER and JOHN W. DELANEY. NO. 2004-5528 Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW comes Plaintiff. Allison M. Ramsey, by and through her attorney, Barbara Sumple-Sullivan, Esquire, and states the following: 1. Plaintiff, Allison M. Ramsey. is an adult individual residing at 345 Equus Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant. Jon F. LaFaver, is an adult individual residing at 120 Carol Street. New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant. John W. Delaney, is an adult individual residing at 15 West Shore Drive, Camp Hill, Cumberland County. Pennsylvania 1701 L 4. On November 9. 2002. at 3:22 p.m.. Plaintiff was the passenger on a motorcycle operated by Defendant Delaney and was traveling on Pennsylvania Interstate 83 North at mile marker 41.1, approaching where the Lowther Street entrance ramp intersects with Pennsylvania Interstate 83. in traffic. 5. At all times relevant thereto, Plaintiff believed that Defendant Delaney was appropriately licensed to carry a passenger. However, subsequent to the accident. Plaintitflearned that Defendant Delaney was not so licensed. 6. On November 9, 2002, as Defendant Delaney and Plaintiff were traveling in the right lane of Pennsylvania Interstate 83 North, Defendant LaFaver was entering from the Lowther Street entrance ramp to Pennsylvania Interstate 83 North. 7. A stop sign was located on the entrance ramp to Interstate 83 North where Defendant LaFaver was traveling, for the purpose of controlling motorists such as Defendant LaFaver as they entered Pennsylvania Interstate 83 from the entrance ramp. 8. Defendant LaFaver failed to stop at the stop sign and continued to pull out in the right lane of Pennsylvania Interstate 83 North directly in front of the motorcycle operated by Defendant Delaney on which Plaintitfwas the passenger. 9. Defendant LaFaver's entrance onto Pennsylvania Interstate 83 directly in front of Defendant Delaney caused Defendant Delaney to forcefully apply the brakes, locking them as he tried to stop, 2 10. However, Defendant Delaney was not able to stop his vehicle completely and his motorcycle struck the rear of Defendant LaFaveI"' s vehicle. 11. The force of the impact caused Plaintiff to be thrown airborne from the motorcycle operated by Defendant Delaney. 12. PlaintilTthen struck Defendant LaFaver's vehicle and fell to the ground after she was thrown from the motorcycle. 13. Plaintiff was taken by ambulance to the hospital and was treated. 14. Plaintiff sufTered numerous injuries. including a fractured clavicle, a separated shoulder, a labral tear in her left shoulder, neck pain and numbness in her knee and lacerations. 15. Plaintill has needed extensive medical care, including physical therapy and surgery from her injuries. Plaintiff has lost wages as a result ofthe accident. 16. PlaintilTs medical treatment, physical therapy. pain and suJlering continued for several years after the accident. 17. PlaintitT underwent arthroscopic surgery on her left shoulder in December. 2004, and after follow-up physical therapy, her condition has markedly improved. 3 , 18. Defendant LaFaver was negligent in the operation of his motor vehicle in: A. Failing to obey tramc signals (e.g. failing to stop at stop sign); B. Driving carelessly; C. Failing to keep a proper lookout as he entered Pennsylvania Interstate 83: and D. Pulling out onto Pennsylvania Interstate 83 too close to Defendant Delaney's vehicle. 19. Plaintiff has sut1ered the physical injuries. pain and suftering and damages set forth herein as a proximate result of Defendant LaFaver's negligence. 20. Defendant LaFaver is either solely liable to Plaintiff for causing her injuries and damages or jointly and severally liable to Plaintiff together with Delendant Delaney. 21, Defendant Delaney violated the Motor Vehicle Statutes of the Commonwealth of Pennsylvania by failing to secure the appropriate licensure for operation of a motorcycle with a passenger. 22, Defendant Delaney was negligent in the operation of his motor vehicle in that he failed to keep his motorcycle under control such that he could stop safely, take evasive action or otherwise avoid striking the rear of Defendant LaFaver's vehicle when Defendant LaFaver pullcd onto Pennsylvania Interstate 83. 4 - 7" -~. Defendant Delancy's negligence was a proximate cause in causing the injuries and damages to Plaintiff as set forth herein. 24. Defendant Delaney is either solely liable to Plaintiff for causing her injuries and damages or jointly and severally liable to Plaintifftogetber with Defendant La Faver. 25. The damages and claims as described herein exceed the amount requiring reference to compulsory arbitration in Cumberland County. WHEREFORE, Plaintiff demands judgment in her tavor against. in the alternative, (a) Defendant La Faver. (b) Defendant Delaney, or (c) Defendant LaFaver and Defendant Delaney jointly and severally. in an amount in excess ofTen Thousand Dollars ($10.000.00) together with interest and costs of suit. Dated: November I, 2005 ( Barbara Sumple-Sullivan, Esquire Attorney for PlaintitT 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 Supreme Court LD. No. 323 J 7 5 Barbara Sump Ie-Sullivan, Esquire Supreme COllrt #323] 7 549 Bridge Street New Cumberland. P A 17070 (7 J 7)774. J 445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COU!\TY, PENNSYLVANIA v. CIVIL ACTION - LA W JON F. LaF AVER and JOHN W. DELANEY, NO. 2004-5528 Defendants JURY TR]AL DEMANDED CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire. do hereby certify that on this date. I served a true and correct copy of the foregoing COMPLAINT. in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Casey G. Shore, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg. P A ] 7] ] 0 DATED: November I, 2005 Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP p . ox 999 Har 'sbu ,~]7108 arbara Sumple-Sullivan, tsqUire Supreme Court J.D. No. 323 I 7 549 Bridge Street New Cumberland, P A ] 7070 Attorney for Plaintiff (717) 774-1445 6 n .;::; ~ -;r::. <;2 <",.",. ;g~;~', '-'" ':;:.;:?- VJ r::: oL.. ~E~ (". $~-~ 3 ~ - o -0 -' :1:-", rt1C ""-.Jm -rJ,? ~:?I(:'-r', C -2J '('J() ..('jrn ~~ ').>' ,iZ --u ~ - .. ..,- W -:: Barbara Sumple.SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ALLISON M. RAMSEY, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JON F. LaP A VER and JOHN DELANEY, NO. 2004-5528 Defendants PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the Verification attached hereto as Exhibit A to the original Complaint filed in this matter on November 1, 2005. DATE: December 8, 2005 / ~;;. S=p]~s"n;~", E",",,, 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 32317 Attorney for Plaintiff ... Exhibit A .. Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW JON F. LaF AVER and JOHN DELANEY, NO, 2004-5528 Defendants VERIFICA nON I, Allison M. Ramsey, hereby certify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of our knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.SA, Section 4904 relating to unsworn falsification to authorities Dated: 8/3/05 I / . Barbara Sumple-Sullivan, Esqnire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JON F. LaP A VER and JOHN DELANEY, NO. 2004-5528 Defendants CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the Praecipe to Attach, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Casey G. Shore, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisbur A 17108 Date: December 8, 2005 / ~arbara Sumple-Sullivan, Esquire Attorney for Plaintiff Supreme Court LD. 32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 2 , , ~ ':'-'! ~-:J ,j , , 1 C'~ c. ["..1 '-'-' Stephen E. Geduldig, Esquire Attorney LD. No, 43530 Stephanie L. Hersperger, Esquire Attorney 1.0. No, 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237.7100 E-Mail: sqeduldiq@tthlaw.com Attorneys for Defendant: Jon F. LaFaver ALLISON M. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5528 CIVIL ACTION - LAW JON F. LaFAVER and JOHN DELANEY Defendants NOTICE TO PLEAD TO: Plaintiff and counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date:t2{f2.!c,; By: ","""" ..r-C;' /J .... ....~, r.-,," v;>' __ _ f) ,"';...Y~ <o_,....,,;~> ,.,:.'../''-_:''..---1, ,,- ~...- ~ ' I STEPHEN E. GEDULDIG, ESQUI~E Attorney I.D. No. 4:1530 STEPHANIE L. HERSPERGER, ESQUIRE Attorney I.D. No. 7B735 Attorneys for Defendant, JON F. LAFAVER Stephen E. Geduldig, Esquire Attorney I.D, No. 43530 Stephanie L. Hersperger, Esquire Attorney 1.0. No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E.Mail sqeduldiq@tthlaw.com Attorneys for Defendant: Jon F. LaFaver ALLISON M. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5528 CIVIL ACTION - LAW JON F. LaFAVER and JOHN DELANEY Defendants NOTICE TO PLEAD TO: Defendant John Delaney and counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: IZI/210';- By: s:;~ I? r;?;) 1/ ".'" " . _ _.;.ie' ~ ~"'-__4.'."'-\ .c:" .-~._'-,_."", . I STEPHEN E. GEDULDIG, ESQUff{E Attorney 1.0. No. 4,l530 STEPHANIE L. HERSPERGER, ESQUIRE Attorney 1.0. No. 7a735 Attorneys for Defendant, JON F. LAFAVER Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 Stephanie L. Hersperger, Esquire Attorney 1.0. No, 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237.7100 E.Mail: sqeduldiq@tthlaw.com Attorneys for Defendant: Jon F. LaFaver ALLISON M. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 045528 CIVIL ACTION - LAW JON F. LaFAVER and JOHN DELANEY Defendants ANSWER, NEW MATTER AND C JON F. LAFAVER, TO PL CLAIM OF DEFENDANT, FF'S COMPLAINT AND NOW, comes Defendant, Jon F. LaFaver ("Defendant"), by and through undersigned counsel, Stephen E. Geduldig, Esquire, and Stephanie L. Hersperger, Esquire, of Thornas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiff's Complaint With Cross Clairn: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge, information and belief to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and they are therefore denied. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without sufficient knowledge, information and belief to form a belief as to the twth of the averments contained in this paragraph of Plaintiff's Cornplaint and they are therefore denied. 4. Admitted. 5. Denied as stated. After reasonable investigation, Defendant is without sufficient knowledge, information and belief to form a belief as to the truth of the averrnents contained in this paragraph of Plaintiff's Complaint and they are therefore denied. Strict proof of same id demanded at the time of triall. 6. Admitted in part and denied in part. Defendant admits that on Novernber 9,2002, he entered Interstate 83 from the Lowther Street entrance ramp. To the extent that paragraph 6 of Plaintiff's Complaint purports to aver additional facts the same are denied pursuant to Pa. Rc.P. 1029(e) and strict proof of same is demanded at the time of trial. 7. Admitted. 8. Denied as stated. The averments contained in this paragraph of Plaintiff's Complaint are denied pursuant to Pa. RC.P. 1029(e) and strict proof of same is demanded at the time of trial. 9. Denied as stated. The averments contained in this paragraph of Plaintiff's Complaint are denied pursuant to Pa. RC.P. 1029(e) and strict proof of same is demanded at the time of trial. 10. Admitted in part and denied in part. It is admitted that Defendant Delaney was not able to bring his motorcycle to a complete stop and struck the rear of Defendant's vehicle. It is denied, however, that Defendant Delaney was unable to stop due to any actions or inactions on the part of Defendant. Strict proof of all such allegations is demanded at the time of trial. The remaining averments contained in this paragraph of Plaintiff's Cornplaint are denied. 2 11.-17. Denied. The allegations contained in these paragraphs of Plaintiff's Complaint are denied generally pursuant to and in accordance with Pa. RC.P. 1029(e) and strict proof thereof is demanded at the time of trial. 18(a-d). Denied as a legal conclusion and pursuant to Pa. RCP. 1029(e). Strict proof is demanded at the time of trial. 19. Denied as a legal conclusion and pursuant to F)a. RC.P. 1029(e). Strict proof is demanded at the time of trial. 20. Denied as legal conclusions and pursuant to F'a. RC.P. 1029(e). Strict proof is dernanded at the time of trial. 21. Admitted. 22. Admitted. 23. Admitted. 24. It is adrnitted only that Defendant Delaney's negligence was a proximate cause in causing the injuries and damages to Plaintiff. The remaining allegations contained in this paragraph of Plaintiff's Complaint are denied as legal conclusions and pursuant to Pa. Rc.P. 1029(e). Strict proof is demanded at the time of trial. 25. Denied as legal conclusions and pursuant to Pa. RC.P. 1029(e). Strict proof is dernanded at the time of trial. WHEREFORE, Defendant, Jon F. LaFaver, respectfully requests that Plaintiff's Cornplaint be dismissed in its entirety and judgment entered in his favor. 3 NEW MATTER 26. Defendant, Jon F. LaFaver, incorporates herelin by reference, as if fully set forth at length, Paragraphs 1 through 25 of his Answer to Plaintiffs Complaint 27. Some or all of Plaintiff's c1airns may be barred by Plaintiff's cornparative and/or contributory negligence. 28. Plaintiff's claims are limited by the provisions of the Motor Vehicle Financial Responsibility Law. 29. Defendant at all times hereto was acting reasonably under the circumstances. 30. Plaintiff may have failed to mitigate her damages, if any. 31. It is specifically denied that any act or omission on the part of Defendant caused or contributed to any of Plaintiff's alleged injuries or damages. WHEREFORE, Defendant, Jon F. La Faver, respectfully requests that Plaintiffs Complaint be dismissed in its entirety and judgment entered in its favor. CROSS CLAIM TO DEFENDANT JOHN W. DELANEY 32. Defendant, Jon F. LaFaver, incorporates herein by reference, as if fully set forth at length, Paragraphs 1 through 31 of his Answer and New Matter to Plaintiff's Complaint 33. If the averrnents contained in the Plaintiff's Complaint are established, said averments being specifically denied as they may relate to Jon F. LaFaver, then the injuries and damages cornplained of were caused solely by the Defendant, John W. Delaney. 4 34. Defendant, Jon W. LaFaver has been joined herein to protect Jon F. LaFaver's rights of indemnity and contribution, and Jon F. LaFaver avers that the above-said Defendant is alone liable to the Plaintiff, or in the alternative, that the above- said Defendant is liable over to Jon F. LaFaver, or jointly and severally liable on the Plaintiff's causes of action. WHEREFORE, Defendant, Jon F. LaFaver, demands judgment against Defendant John W. Delaney for indernnity and/or contribution of any arnounts which rnay be awarded to Plaintiff plus the costs of defense. Respectfully submitted, THOMAS, THOMA.S & HAFER, LLP Date: rvLL v G.- > By: ~~< S PH EN E. GEDULDIG, ESQUIRE Attorney I.D. No. 4:3530 STEPHANIE L. HERSPERGER, ESQUIRE Attorney I.D. No. 78735 Attorneys for Defendant, JON F. LAFAVER 5 VERIFICATION I, Jon LaFaver, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Fa. C.B.A. 4904 relating to unsworn falsification to authorities. \1..-''--0)- '~, C" (()?z~':;{Jh ~' , oahn LaFaver CERTIFICATE OF SERVICE I, Barbara A. Lauver, Paralegal with Thomas, Thomas & Hafer, LLP., do hereby certify that on this i ,~-t'iI day of December 200S, a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class, postage pre-paid to: Barbara Sumple-Sullivan, Esq 549 Bridge St. New Cumberland, PA 17070 Attorneys for Plaintiff Casey G. Shore, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Attorneys for John Delaney Respectfully submitted, Thomas, Thomas & Hafer, LLP n ) \1\ YO . (Fe: ~L 6 A \Au_ LI ur . Barbara-A:. Lauver, Paraiegal ~... .... ---1 r . V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5528 ALLISON M. RAMSEY, PLAINTIFF JOHN F. LAFAVER and JOHN W. DELANEY, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, JOHN W. DELANEY, TO THE PLAINTIFF'S COMPLAINT WITH NEW MATTER AND CROSS CLAIM AGAINST DEFENDANT JOHN F. LAFAVER 1-4. Admitted based upon information and belief. 5. Neither adrnitted nor denied. Defendant, John W. Delaney is without sufficient inforrnation to form a belief as to the truth of this averment To the extent that an answer is required, the averment is denied. 6-16. Admitted based upon information and belief. 17. Admitted. By way of further answer, Defendant John W. Delaney is without sufficient inforrnation to form a belief as to the current medical condition of the Plaintiffs left shoulder. 18-19. No answer required. These averrnents are not directed at answering Defendant John W. Delaney. 20. Admitted in part, denied in part. It is admitted that Defendant Lafaver is solely liable to Plaintiff for causing her injuries and damages. It is denied that Defendant Delaney is liable to the Plaintiff in any way. 21. Neither adrnitted nor denied. This averment contains a legal conclusion to which no response is required. 22-24. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 25. Denied. The Plaintiff's Complaint requests damages in an amount in excess of $10,000.00, which does not necessarily exceed the compulsory arbitration amount in Curnberland County. WHEREFORE, Defendant John W. Delaney respectfully requests that the complaint be dismissed as it relates to him, with costs to be paid by the Plaintiff. NEW MATTER 26. Paragraphs 1-25 are incorporated herein as if reference were made thereto. 27. The Plaintiff's claims rnay be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. CROSS-CLAIM DIRECTED TO DEFENDANT, JOHN F. LAFAVER 28. Paragraphs 1-27 are incorporated herein as if reference were made thereto. 29. The averrnents contained in Plaintiff's Complaint are incorporated herein and by reference without adrnission or adoption. 30. The accident giving rise to the instance of civil action was caused in whole, or in part, by the negligence of Defendant, John F. La Faver. 31. Defendant, John W. Delaney, filed this Cross-Claim to protect his rights to contribution and/or indemnification. WHEREFORE, Defendant, John W. Delaney, respectfully urges this Honorable Court to enter judgrnent in his favor. Date: Respectfully submitted, NEALON GOVER & PERRY By: JJJ7 J c:) I I \}".....- ~ . Shore, Esquire I.D.ff: 5321 2411 North Front Street Harrisburg, PA 17110 717/232 -9900 12/01!2005 THe 16:24 FAX '~/01/20G5 16 58 I:AX 7172337176 KIRKPATRICKILOCKHART VERIFICATION ~ 002/002 ~ 002/0('2 I, John W. Delaney verify that the statements made in the foregoing Answer to Complaint with New Matter and Cross Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA ~4904 relating to -unsworn.falsification lo<3utharities.-"' - D;jte:.(<I~L n W. Delaney .0" CERTIFICATE OF SERVICE AND NOW, this /stt day of Decernber, 2005, I hereby certify that I have served the foregoing Answer to Complaint with New Matter and Cross Clairn on the following by depositing a true and correct copy of same in the United States rnails, postage prepaid. addressed to: Barbara Surnple-Sullivan, Esquire 549 Bridge Street New Curnberland, PA 17070 Stephen E. Geduldig, Esquire Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17108 /~\..'- . Shore, Esquire () ...., 0 = C c.:.") -n ~":. 'J. -l1t,:j. c:> ~i:l-n rn~', ' r"1 rnr-~::' - ,~. . ,l :.r_' ,.-, -OC: :":'') ~, (f) .. \.D c", '. ~<.. .. ~:;i~; ~~~.) ~ c<".':G ;)..-} .-'- :.:;::fn ..-. (.' 5 j.-(:: ,--' .-\ :<1 ~~ (.11 .0 .&'" .< Stephen E. Geduldig, Esquire Attorney LD. No, 43530 Stephanie L. Hersperger, Esquire Attorney I.D, No. 78735 THOMAS. THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237.7100 E.Mail: sqeduldiq@tthlaw.cDm Attorneys for Defendant: Jon F. LaFaver ALLISON M. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5528 CIVIL ACTION - LAW JON F. LaFAVER and JOHN DELANEY: Defendants AND NOW, comes Defendant, Jon F. LaFaver ("Defendant LaFaver"), by and through undersigned counsel, Stephen E. Geduldig, Esquire, and Stephanie L Hersperger, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer to the Cross Claim of Co-Defendant, John Delaney: 28. No response is required as this is a paragraph of incorporation. 29. No response is required as this is a paragraph of incorporation. 30. The allegations contained in paragraph 30 are conclusions of law to which no response is necessary under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed necessary, Defendant LaFaver specifically denies that the accident was caused in whole, or in part, by his alleged negligence and strict proof of same is demanded at the time of trial. 31. The allegations contained in paragraph 31 are conclusions of law to which no response is necessary under the Pennsylvania RIJles of Civil Procedure. To the extent that a response is deemed necessary, it is denied that Defendant Delaney is entitled to contribution and/or indemnification from Defendant LaFaver. By way of further response, Defendant LaFaver incorporates by reference as if fully set forth at length herein his Answer and New Matter to Plaintiffs Complaint. WHEREFORE Defendant, John LaFaver, demands judgment in his favor, together with costs of suit. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: fe;L lOl.l / as- By: ./J(;;wJ;Q->>H/ ,,:2 ?C--.....'? STEPHEN E. GEDULDIG, ESQUIRE Attorney 1.0. No. 43530 STEPHANIE L. HERSPERGER, ESQUIRE Attorney 1.0. No. 78735 ~." Attorneys for Defendant, JON F. LAFAVER 2 . ' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document, was served by depositing the same in, the United ~(.tx1~il,IrPBst~e prepaid, at Harrisburg, Pennsylvania, on the ~ day of -ill- tl rV.JZ/G 2005, on all counsel of record as follows: Barbara Sumple-Sullivan, Esq 549 Bridge St. New Cumberland, PA 17070 Attorneys for Plaintiff Casey G. Shore, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Attorneys for John Delaney THOMAS, THOMAS & HAFER, LLP GilJi .V) ~~ "-- Ashleigh E. A emeyer 3 ATTORNEY VERIFICATION I, Stephanie L. Hersperger, Esquire, of the law firm of THOMAS, THOMAS & HAFER, LLP, hereby verify that we are the attorneys of record for Defendant, Jon F. La Faver, in this case; that as such I am authorized to make this Verification; and that the information set forth in the foregoing Answer to Cross Claim of John Delaney, is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. THOMAS, THOMAS & HAFER, LLP By: ..I /O/~'~OA{<(' ..:::2... ?7<<~--e?'~ Stephanie L. Hersperger, Esquire ' / Attorneys for Defendant Jon F. La Faver ,~ t.., ,..., C;~~ (:._;;1 e-"'I '::J -'II C:J ~; 1''' rv C) Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JON F. LaF A VER and JOHN W DELANEY, NO, 2004-5528 Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT DELANEY'S NEW MATTER 26 Plaintiff incorporates by reference as though set forth herein, her response to paragraphs 1 through 25 of her Complaint. 27, Denied, Paragraph 27 is denied as a conclusion oflaw to which no response is due. WHEREFORE, Plaintiff requests judgment in her favor. CROSS-CLAIM DIRECTED TO DEFENDANT LaFA VER 28-31. No response is required by Plaintiff. Dated: January 3, 2006 ;'.""'"Y -, Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court LD. No. 32317 Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALLISDNM. RAMSEY, Plaintiffs IN THE COlJRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAo."lIA v. CIVIL ACTION - LAW JON F. LaF A VER and JOHN DELANEY, NO. 2004.5528 Defendants VERIFICA TION I, Allison M. Ramsey, hereby certify that the facts set forth in the foregoing REPLY TO N'EW MATTER are true and correct to the best of our knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. AL Dated: l??OO Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JON F. LaF A VER and JOHN W. DELANEY, NO. 2004-5528 Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing REPLY TO DEFENDANT DELANEY'S NEW MATTER, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Casey G. Shore, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, P A 1711 0 Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisbw:g.; A .!.08 // ~/ DATED: January 3, 2006 /. / = &trbara Sumple-Sullivan, Esquire Supreme Court LD. No. 32317 549 Bridge Street New Cumberland, P A 17070 Attorney for Plaintiff (717) 774-1445 0 c> t-::- ", , ~- .--1 ">' --r: i ri , GJ -c r,) , " I'~) (j'. -':) ., Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774.1445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW JON F. LaF A VER and JOHN W DELANEY, NO, 2004-5528 Defendants JURY TRlAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT LaFAVER'S NEW MATTER 26. Plaintiff incorporates by reference her averments in paragraphs I through 25 of her Complaint. 27. Denied, Paragraph 27 is denied as a conclusion oflaw to which no response is due, 28. Denied. Paragraph 28 is denied as a conclusion oflaw to which no response is due. 29. Denied, Plaintiff denies that Defendant was acting reasonably in that he operated his vehicle in a reckless and negligent fashion, 30. Denied, It is denied that Plaintiff failed to mitigate her damages, Plaintitfhas acted appropriately in dealing with her injuries sustained as a result ofthe accident. 31, Denied, After reasonable investigation, Plaintitfis without knowledge necessary to form a response as to the truth of the averment and proof of same is demanded at trial. ~ ~, WHEREFORE, Plaintiff respectfully requests judgment in her favor. CROSS CLAIM TO DEFENDANT DELANEY 32-34. No response is required by Plaintiff. Respectfully submitted /- Dated: January 3, 2006 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court tD, No, 32317 , Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW JONF. LaFAVERand JOHN DELANEY, NO, 2004-5528 Defendants VERIFICA nON I, Allison M. Ramsey, hereby certify that the facts set forth in the foregoing REPLY TO NEW MATTER are true and correct to the best of our knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated \./,06 , '. Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ALLISON M. RAMSEY, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JON F. LaF AVER and JOHN W DELANEY, NO. 2004-5528 Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing REPLY TO DEFENDANT LaFA VER'S NEW MATTER, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Casey G. Shore, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 9 Harrisbu , 8 DATED: January 3,2006 / (Barbara umple-Sullivan, Esquire Supreme Court LD, No 32317 549 Bridge Street New Cumberland, P A 17070 Attorney for Plaintiff (717) 774-1445 f"',.,' c~..) . .':.r__ L_ . " 1 (,,) f; r""J I "" -'. CT' , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5528 ALLISON M. RAMSEY, PLAINTIFF JOHN F. LAFAVER and JOHN W. DELANEY, DEFENDANTS CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER OF DEFENDANT. JOHN W. DELANEY, TO CROSS-CLAIM OF DEFENDANT, JOHN F. LAFAVER 32. No answer required. \ 33. Denied as a legal conclusion. By way of further answer, this averment is denied pursuant to Rule 1029(e) of the PA. R.C.P. 34. Denied. Defendant, John W. Delaney, specifically denies any liability regarding the Plaintiff's causes of action, and strict proof thereof is demanded at trial. WHEREFORE, Defendant, John W. Delaney, respectfully requests that the cross- claim against him be dismissed with costs to be paid by Defendant, John F. Lafaver. Respectfully submitted, NEALON GOVER 8, PERRY By: !.l '" ~ G. Shore, Esquire 1.0. . : 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: J /1 )aD I , 12/3012005 FRI 8:58 FAX ?:OC2/002 . VERIFICATION I, John W, Delaney, verify thaI the slalemGnls made In the fowgoing Answ(,r to Cross-Claim are true and correc\. I understand that false st3tements herein are made subJecI to the penalties of 18 Pa,C.SA S4904 IcI~tlng to unsworn falsification to authorities Date \J./:J.r.~)( /J r-i)-f !/dr (~J~~/- JohnW Dela/(ey CERTIFICATE OF SERVICE AND NOW, this rn:f day of January, 2006, I hereby certify that I have served the foregoing Answer to Cross-Claim on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 170i'0 Stephen E. Geduldig, Esqui.re Stephanie L. Hersperger, Esquire Thomas, Thornas & Hafer, LLP 305 North Front Street Harrisburg, PA 17108 l.'-'- G. Shore, Esquire .' n C': '" C) .1 ::;1 j;~ C-':.~ .-:~-) c.;n. ~,-- n, -:; r.' " U1 ex, , - Barbara Sumple.Sullivan, Esquire Supreme Court #323 ] 7 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 ALLISON M. RAMSEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JON F. LaFAVER and JOHN W. DELANEY, : NO. 2004-5528 Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: DATE: Please discontinue the above captioned matter withprejudi .e. / / / ( B , pl,~SwJ;w". E'q'", 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff ,2006 . - Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ALLISON M. RAMSEY, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JON F. LaFAVER and JOHN W. DELANEY, : NO. 2004-5528 Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing PRAECIPE, in the above-captioned matter upon the following individual( s) by first class mail, postage prepaid, addressed as follows: Casey G. Shore, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, P A 17110 Stephanie 1,. Hersperger, Esquire Thomas, Thomas & Hafer, LLP P. . B x 999 H=. .'1710' C( DATED: , 2006 Bar ara umple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court 1.D. No. 32317 '.